A terminally ill IBM employee who took the tech giant to court for failing to raise his £54,000 salary in 15 years on sick leave said ‘it’s not greedy to want a raise’ as he spoke about his fear for his family’s finances.
Ian Clifford, 50, was discharged for mental health reasons in 2008 and was diagnosed with stage four leukemia in 2012.
He was guaranteed £54,000 a year until the age of 65 under the company’s health plan – meaning he will be pocketing more than £1.5 million.
But last year he sued the company for disability discrimination because IBM had not revised its pay since 2013.
An employment tribunal in Reading, Berkshire rejected his claim and a judge told Mr Clifford that he had received a ‘very substantial benefit’ and ‘favourable treatment’.
Ian Clifford, 50, was laid off in 2008 for his mental health and was diagnosed with stage four leukemia in 2012
Mr Clifford was guaranteed £54,000 until age 65 under IBM’s health plan
Mr Clifford spoke out for the first time since the ruling, saying the chances of him living past the age of 65 are ‘highly unlikely’, adding that he wanted to make sure his son was looked after.
“I am on chemotherapy and have been extremely ill for many years,” he shared The Telegraph.
“Your salary affects your debt service, pension and everything else, it was more for my family.
‘People may think, yes, it’s generous, but first of all those gross amounts are not taxed… I do pay national insurance contributions on those amounts.
‘I have a son [who is] to the University. Your mortgage won’t go down because you’re sick.’
Mr Clifford started working for US software company Lotus Development in 2000, five years after it was bought by IBM for around £3 billion.
He went on sick leave in September 2008 until 2013, when he filed a complaint protesting that he had not received a pay rise or holiday pay in that five-year period.
In April 2013, IBM offered a ‘compromise agreement’ that would allow Mr. Clifford to be placed on the company’s disability plan, preventing anyone who is disabled from being fired.
Under the plan, employees remain on payroll and are “not required” to work.
They are ‘entitled’ – until recovery, retirement or death – to receive 75 percent of their agreed income.
Mr Clifford’s agreed salary was £72,037, leaving him £54,028 after deductions.
The plan was set for over 30 years until he reached retirement age of 65.
IBM, less known as the International Business Machines Corporation, is an American multinational technology company based in New York with offices around the world
He also received £8,685 to settle his holiday pay complaints in 2013 and agreed never to complain about the same issues again.
In February 2022, he took the tech giant to an employment tribunal with new disability claims similar to his previous claims.
In an attempt to sue IBM, he said he had been treated “unfavorably” with no salary increase since the disability plan began.
He then complained that he was not entitled to vacation and compared himself to a non-disabled worker who was paid full pay on vacation leave.
Mr. Clifford tried to argue that with inflation rising above 10 percent, the value of the payments would soon ‘wither’.
He said: “The aim of the plan was to provide security for employees who are unable to work – that would not be achieved if payments were frozen forever.”
Employment Judge Paul Housego dismissed his case.
Judge Housego said: ‘The allegation is that the absence of a salary increase is disability discrimination because it is less favorable treatment than those who are not disabled.
“This claim is not tenable because only disabled people can benefit from the plan. It is not discrimination on the basis of disability that the plan is not even more generous.
“Even if the value of the £50,000 a year has halved in 30 years, it’s still a very substantial benefit.
“However, this is not the problem, because essentially the terms of something that is given as a disability benefit, and is not available to those who are not disabled, cannot be less favorable treatment related to disability.
“It’s more favorable treatment, not less.”
Mr. Clifford’s LinkedIn profile states that he is from the Guildford area and is “medically retired.”
Mr Clifford, who always considered himself a ‘company man’, said he had spent more than £30,000 taking legal action against IBM, stressing that this was necessary as a last resort.
He claimed the tech giant made two separate offers to the sick employee before taking the matter to court.
Mr Clifford has now appealed the court’s decision.
IBM, less known as the International Business Machines Corporation, is an American multinational corporation based in New York.
Nicknamed “Big Blue,” the tech giant has a presence in more than 175 companies and uses technology to support business needs.
MailOnline has contacted IBM for a statement.